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NeCede's

Maxim 8.1.34

It belongs not to the secular Judge to take cognisance of things which are merely spiritual.

Non pertinet ad judicem secularem cognoscere de iis quae sunt mere spiritualia annexa.

Source: 2 Inst. 488; Jackson Difficulty 2/5 — Approachable

Explanation

Civil courts have no jurisdiction over purely spiritual matters — the temporal and spiritual jurisdictions are separate, and each must respect the bounds of the other.

Where this applies

  • A civil court is trying to rule on a religious matter.
  • A government agency is interfering with purely theological decisions within a church.

Legal domains

constitutionalprocedural

Cite this maxim

NeCede Max. 8.1.34 — It belongs not to the secular Judge to take cognisance of things which are merely spiritual. — 2 Inst. 488; Jackson (Non pertinet ad judicem secularem cognoscere de iis quae sunt mere spiritualia annexa.)

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